Citation Nr: 21041699
Decision Date: 07/09/21	Archive Date: 07/09/21

DOCKET NO. 16-24 546A
DATE: July 9, 2021

ORDER

The claim of service connection for hypertension is dismissed.

The claim of service connection for a low back disability is dismissed.

FINDING OF FACT

On June 10, 2021, during the pendency of the appeal, the Board was notified of the appellant's death on June [REDACTED], 2021.

CONCLUSION OF LAW

Due to the death of the appellant, the Board has no jurisdiction to adjudicate the merits of this appeal at this time.  38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

REASONS AND BASES FOR FINDING AND CONCLUSION

The Veteran served on active duty from June 1986 to June 1989.

This case is before the Board of Veterans' Appeals (Board) on appeal from a December 2014 Department of Veterans Affairs (VA) Regional Office (RO) rating decision.  In that decision, the RO denied entitlement to service connection for hypertension and service connection for a low back disability.

In April 2015, VA received the Veteran's Notice of Disagreement (NOD).  In May 2016, the RO issued a Statement of the Case (SOC).  In June 2016, VA received the Veteran's VA Form 9 appeal to the Board.

In May 2019, the Veteran testified at a video conference hearing at the RO before the undersigned Veterans Law Judge (VLJ).  A transcript of that testimony is of record.  

In October 2019 the Board remanded the case for further development and adjudicative action.

On June 10, 2021, VA received first notice of the Veteran's death on June [REDACTED], 2021.  Furthermore, according to records obtained from the Social Security Administration (SSA), the appellant died on June [REDACTED], 2020, during the pendency of this appeal.  See SSA inquiry dated June 28, 2021.

In the absence of evidence to the contrary, a finding of fact of death made by another Federal agency will be accepted as proof of death. 38 C.F.R. § 3.211(g).

As a matter of law, appellants' claims do not survive their deaths. Zevalkink v. Brown, 102 F.3d 1236, 1243-44 (Fed. Cir. 1996); Smith v. Brown, 10 Vet. App. 330, 333-34 (1997); Landicho v. Brown, 7 Vet. App. 42, 47 (1994). This appeal on the merits has become moot by virtue of the death of the appellant and must be dismissed for lack of jurisdiction. 38 U.S.C. § 7104(a); 38 C.F.R. § 20.1302.

In reaching this determination, the Board intimates no opinion as to the merits of this appeal or to any derivative claim brought by a survivor of the appellant. 38 C.F.R. § 20.1106.

The Board's dismissal of this appeal does not affect the right of an eligible person to file a request to be substituted as the appellant for purposes of processing the claim to completion. Such request must be filed not later than one year after the date of the appellant's death. 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(b). A person eligible for substitution includes "a living person who would be eligible to receive accrued benefits due to the claimant under section 5121(a) of this title." 38 U.S.C. § 5121A; 38 C.F.R. § 3.1010(a).

 

 

L. B. CRYAN

Veterans Law Judge

Board of Veterans' Appeals

Attorney for the Board	D. Small, Attorney Advisor

The Board's decision in this case is binding only with respect to the instant matter decided. This decision is not precedential and does not establish VA policies or interpretations of general applicability. 38 C.F.R. § 20.1303.